Nursing home staff and the facilities that employ them have a duty to properly care for residents. When that duty is breached, caregivers and nursing facilities could be held liable for the harm they cause residents. Navigating liability in Torrington nursing home abuse cases is challenging, as these are complex legal claims that require targeted experience and familiarity with applicable laws.
If you plan on pursuing legal action to hold the at-fault party responsible for your injuries or the injuries of a senior loved one, contact the nursing home abuse lawyers at D’Amico & Pettinicchi, LLC. We have extensive experience – over 100 combined years – providing strategic legal guidance and compassionate advocacy for abused seniors and their concerned families.
Connecticut’s Patient’s Bill of Rights grants nursing home residents the right to, among other things, be free from mental and physical abuse. These laws apply to nursing home facilities that are licensed by the Connecticut Department of Public Health to care for patients who have chronic or unstable conditions that require substantial daily assistance. If a nursing home negligently deprives a patient of any of these rights, they shall be liable for the injuries the patient suffers as a result.
Economic and non-economic damages can be sought to recover costs associated with medical care and pain and suffering caused by the abuse. Punitive damages may also be awarded in cases where there is a willful or reckless disregard for the patient’s rights.
There are numerous parties that may be responsible for nursing home abuse. Doctors, registered nurses, licensed practical nurses, nurse aides, and the facility itself could all contribute to a senior’s abuse. Determining who is at fault is critical to a successful nursing home abuse case, and your Torrington attorney can help you identify the responsible party and hold them liable for the harm they’ve caused.
The liable party will be determined by examining the cause or type of abuse or neglect, which can include:
During the settlement or litigation processes, the other party may claim that the injured senior contributed to their mistreatment. While blaming the victim for the harm they endured may seem unfathomable to many people, it is a defense tactic in these cases. However, even if a Torrington nursing home resident is partially at fault for their injuries, they may still be eligible to receive compensation as long as they are less than 51 percent responsible. If a nursing home abuse case proceeds to litigation, it will be up to the court or jury to determine how fault is distributed.
At D’Amico & Pettinicchi, LLC, our goal when representing injured clients is to obtain the maximum compensation possible so they have the best chance at a full recovery. Contact us today to schedule a free in-person or virtual consultation with one of our attorneys. We have plenty of experience determining liability in Torrington nursing home abuse cases and are prepared to investigate your situation.